Section 34-27-101 – Short Title.
34-27-101. Short title. This act may be cited as the “Wind Energy Rights Act.”
Section 34-27-102 – Definitions.
34-27-102. Definitions. (a) As used in this act: (i) “Wind energy agreement” means a lease, license, easement or other agreement, whether by grant or reservation, to develop or participate in the income from or the development of wind powered energy generation; (ii) “Wind energy developer” means the owner of the surface estate or the lessee, […]
Section 34-27-103 – Declaration of Wind Energy Rights.
34-27-103. Declaration of wind energy rights. (a) Wind energy rights shall be regarded as an interest in real property and appurtenant to the surface estate. (b) Wind energy rights shall not be severed from the surface estate, except that wind energy may be developed pursuant to a wind energy agreement. (c) A wind energy agreement […]
Section 34-27-104 – Dominance of Mineral Estate.
34-27-104. Dominance of mineral estate. Nothing in this act shall be construed to change the common law as of April 1, 2011 as it relates to the rights belonging to, or the dominance of, the mineral estate.
Section 34-27-105 – Compensation for Taking of Wind Energy Rights.
34-27-105. Compensation for taking of wind energy rights. Nothing in this act diminishes the right of the owner of the surface estate to receive compensation under W.S. 1-26-701 through 1-26-714 for the taking of wind energy rights incidental to the exercise of eminent domain.
Section 34-27-106 – No Restriction on Transfer of Wind Energy Agreement.
34-27-106. No restriction on transfer of wind energy agreement. Nothing in this act shall be construed to restrict the transfer of a wind energy agreement, including the transfer of the surface owner’s right to receive payments under the wind energy agreement.
Section 34-27-107 – Reversion of Easements.
34-27-107. Reversion of easements. Unless otherwise agreed between the surface owner and wind energy developer, all easement interests acquired after April 1, 2011 for the purpose of producing wind energy shall revert to the owner of the surface estate if wind energy production has ceased for a continuous period of ten (10) years or if […]